NEW DELHI: While announcing bypolls to the Jalandhar Lok Sabha seat and four assembly seats on Wednesday, the Election Commission held back on the Wayanad LS seat, saying it would rather wait for the aggrieved party (Congress’ Rahul Gandhi, who stands disqualified as MP) to avail himself of judicial remedy in the 30 days given by the court.
Citing Section 151A of the Representation of the People Act which calls for elections within six months of the vacancy, chief election commissioner Rajiv Kumar said, “We’ll wait. There’s no hurry.”
EC ‘not in hurry’ to announce bypoll in Rahul’s Wayanad seat
Taking care to not act in undue haste, the Election Commission on Wednesday refrained from announcing the bypoll to Wayanad Lok Sabha seat, vacant since disqualification of Rahul Gandhi on March 23, while scheduling bypoll to Jalandhar Lok Sabha seat and four other assembly seats, reports Bharti Jain.
Chief election commissioner Rajiv Kumar said the EC would rather wait for the aggrieved party (Rahul) to avail himself of the judicial remedy within the 30 days allowed by the Surat court.
Citing Section 151A of the Representation of the People Act, 1951, which requires the EC to hold bypoll within six months of occurrence of the vacancy, provided the remainder of the term is less than one year, the CEC said the EC has six months to conduct the bypoll.
“We have cleared the vacancies till February (2023). And in this (Wayanad) case, the trial court has given 30 days’ time for a judicial remedy… There is no hurry to do it (bypoll) before exhausting that remedy,” Kumar said at a press conference here to announce Karnataka poll and bypolls to Jalandhar parliamentary seat and assembly seats of Jharsuguda in Odisha, Chhanbey and Suar in UP, and Sohiong in Meghalaya. Polling for all will be held on May 10.
A source said the EC could “technically and legally” announce the Wayanad bypoll as the seat became vacant immediately upon Rahul’s conviction. Rahul is yet to file an appeal and there is no stay on his conviction. However, EC took into account 30 days given to Rahul to appeal and settled in favour of a “balanced, considered and non-hasty” approach.
EC had announced bypoll to Lakshadweep LS seat barely a week after it became vacant upon disqualification of sitting MP Mohammad Faizal on January 11, 2023, in an attempt-to-murder case. The view within the EC is the cases of Lakshadweep and Rampur seats, rendered vacant upon disqualification of Faizal and Azam Khan, respectively, were different from Wayanad’s. “There was no time-window for appeal or staying of sentence in the two cases,” an EC official told TOI.
Citing Section 151A of the Representation of the People Act which calls for elections within six months of the vacancy, chief election commissioner Rajiv Kumar said, “We’ll wait. There’s no hurry.”
EC ‘not in hurry’ to announce bypoll in Rahul’s Wayanad seat
Taking care to not act in undue haste, the Election Commission on Wednesday refrained from announcing the bypoll to Wayanad Lok Sabha seat, vacant since disqualification of Rahul Gandhi on March 23, while scheduling bypoll to Jalandhar Lok Sabha seat and four other assembly seats, reports Bharti Jain.
Chief election commissioner Rajiv Kumar said the EC would rather wait for the aggrieved party (Rahul) to avail himself of the judicial remedy within the 30 days allowed by the Surat court.
Citing Section 151A of the Representation of the People Act, 1951, which requires the EC to hold bypoll within six months of occurrence of the vacancy, provided the remainder of the term is less than one year, the CEC said the EC has six months to conduct the bypoll.
“We have cleared the vacancies till February (2023). And in this (Wayanad) case, the trial court has given 30 days’ time for a judicial remedy… There is no hurry to do it (bypoll) before exhausting that remedy,” Kumar said at a press conference here to announce Karnataka poll and bypolls to Jalandhar parliamentary seat and assembly seats of Jharsuguda in Odisha, Chhanbey and Suar in UP, and Sohiong in Meghalaya. Polling for all will be held on May 10.
A source said the EC could “technically and legally” announce the Wayanad bypoll as the seat became vacant immediately upon Rahul’s conviction. Rahul is yet to file an appeal and there is no stay on his conviction. However, EC took into account 30 days given to Rahul to appeal and settled in favour of a “balanced, considered and non-hasty” approach.
EC had announced bypoll to Lakshadweep LS seat barely a week after it became vacant upon disqualification of sitting MP Mohammad Faizal on January 11, 2023, in an attempt-to-murder case. The view within the EC is the cases of Lakshadweep and Rampur seats, rendered vacant upon disqualification of Faizal and Azam Khan, respectively, were different from Wayanad’s. “There was no time-window for appeal or staying of sentence in the two cases,” an EC official told TOI.
